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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26007
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Indictments, Let's say a person has indictment but he or she

Customer Question

Indictments,
Let's say a person has indictment but he or she doesn't know about that indictment because law officers failed to serve that indictment to him or her. But him or her gets arrested due to fail to showing for court, what would happen?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Generally, when a criminal defendant misses a court date, a warrant issues for his arrest. At that point the case does not proceed any further until the defendant is found and returns to court. Then, whether the defendant returns either voluntarily (he learns of the warrant and shows up, preferably with a lawyer, to restore his case to the calendar and face the music) or involuntarily, (the authorities find out his whereabouts, apprehend him, and bring him in, in cuffs) the warrant gets lifted and the case proceeds from where it left off.

In the first instance, in many cases, the lawyer can mount an argument to keep his client at liberty, especially, if it can be established that the defendant didn't receive notice and came back to court as soon as he heard. In the second case, bail is usually set on him because the court would see him as a flight risk, but again, with a lawyer and with a good argument that he'd had no way about knowing about the warrant, sometimes he would be released on his own recognizance. Either way, the case goes forward.